General terms and conditions of use
Access to the website implies compliance with these general terms and conditions of use, in force at the time of consultation and which the User acknowledges having read, understood and accepted. Access and use of the website are limited to strictly personal, non-commercial use.
1 • DEFINITIONS:
In these general terms and conditions and in any document completing them, each term indicated here under is used according to its definition.
“General terms and conditions”: refers to this document.
“Website”: refers to all the information and services provided by LYONNAISE DES EAUX FRANCE to Users, accessible from the gateway.
“User”: refers to any person accessing the Website and/or using one or several services.
“IP address”: refers to a number automatically allocated to the User’s computer by their internet service provider when browsing the internet.
“Cookie”: refers to a small file which is automatically installed in the User’s browser software and enabling the website to save browsing information.
“Content”: refers to all data, and more generally the information distributed by LYONNAISE DES EAUX FRANCE on ROANNE MARINA, within the framework of the organisation’s Public Service mission and the exploitation of the facilities available at Roanne marina.
“Link” or “Hyperlink”: refers to a reference device included in a product and which is used to give direct access to other content, regardless of its location on the internet.
“Client”: refers to any person with a LYONNAISE DES EAUX FRANCE account and client reference number.
2 • Object
3 • SPECIAL TERMS AND CONDITIONS:
Some services may have their own Terms and conditions of use (“Special terms and conditions”) which complete and form an integral part of these General terms and conditions. If the Special terms and conditions contradict the General terms and conditions, the latter will prevail.
4 • MODIFICATIONS TO THE GENERAL TERMS AND CONDITIONS:
LYONNAISE DES EAUX FRANCE reserves the right to modify, at any time and without notice, the General terms and conditions. The new General terms and conditions are enforceable from the time they are put on-line. The User is deemed to have accepted the latest version in force whenever s/he accesses the Website.
5 • WEBSITE CONTENT:
All the information on the Website is for general information use and is non-contractual. LYONNAISE DES EAUX FRANCE endeavours to provide the User with verified Information or accessible Services but cannot guarantee the accuracy, completeness or up-to-date nature of the Information which can be consulted on the Website, nor the availability of the Information or Services.
6 • PERSONAL DATA:
The User expressly gives their consent for their personal data to be collected when registering for Services available on the Website.
In application of the provisions of the French Data Protection Act “Loi Informatique et Liberté” of 6 January 1978, LYONNAISE DES EAUX FRANCE strictly undertakes only to collect use and store the User’s personal data for the purpose of managing the available Services only.
In accordance with the French Data Protection Act “Loi Informatique et Liberté” of 6 January 1978, the User has a right to access, change, rectify and withdraw his or her personal information.
The Website User may also request that this information is not passed on to third parties.
To exercise this right, the User can send a written request by post to LYONNAISE DES EAUX FRANCE, Tour CB 21 – 16 place de l’Iris, 92040 PARIS LA DEFENSE CEDEX.
LYONNAISE DES EAUX FRANCE undertakes to implement the appropriate technical and organisational measures to protect personal data against accidental or deliberate destruction, loss, modification, distribution or unauthorised access, and to protect the confidentiality of the data collected.
LYONNAISE DES EAUX FRANCE undertakes to store the personal data for a period of time equal to (but not exceeding) the time require to carry out the services for which it was collected or processed.
7 • CONFIDENTIALITY:
Other than the personal data described above, all other forms of information provided by the User to the Website will not be considered as or treated as confidential by LYONNAISE DES EAUX FRANCE.
8 • COOKIES – IP ADDRESS:
LYONNAISE DES EAUX FRANCE reserves the right to install cookies to enable optimal Website management, to facilitate
browsing on the Website, to provide statistics and to analyse Website visits in order to improve the Website.
Cookies are not used to identify the User.
The User can refuse or delete cookies by modifying their browser’s settings.
LYONNAISE DES EAUX FRANCE also reserves the right to save the User’s IP address, in particular to
determine whether LYONNAISE DES EAUX FRANCE deems it necessary to apply its terms and conditions of use or to protect its Services, its Clients or on request from the legal authorities.
9 • HYPERLINKS:
The Website may contain links to other websites belonging to it or otherwise. These websites are separate from this Website and LYONNAISE DES EAUX FRANCE is not therefore liable for the availability of these websites, for their content, advertising,
products or services, nor for the collection and transmission of personal data on or via these websites.
The existence of links to these websites does not mean that LYONNAISE DES EAUX FRANCE has approved or validated their content.
LYONNAISE DES EAUX FRANCE informs Users that these websites are subject to their own terms and conditions of use.
The Website User is not permitted to set up a hypertext link to this Website without prior, written
authorisation from LYONNAISE DES EAUX FRANCE. All requests should be sent to the Website’s Head of Publication.
10 • INTELLECTUAL PROPERTY RIGHTS:
All Website Content (and particularly the architecture and tree structure, the texts, software, sound, videos, graphics, photographs, drawings, etc. present or available on the Website), and more generally all elements making up the Website, are protected by Intellectual Property law and are the exclusive property of LYONNAISE DES EAUX FRANCE and/or, where relevant, its subsidiaries and partners.
As such, the User undertakes not to use, reproduce, represent, distribute, adapt or in any way exploit (this list is not exhaustive) the Website Content protected by Intellectual Property law, without express authorisation from LYONNAISE DES EAUX FRANCE and/or its subsidiaries or partners.
Any exploitation, representation, reproduction, modification, publication, transmission or unauthorised adaptation of all or part of the Website or its Content, by any means whatsoever, is an offence which may be sanctioned by articles L 335-2 and there after of the French Intellectual Property Code.
11 • BRANDS:
The brands which appear on the Website are registered trademarks of LYONNAISE DES EAUX FRANCE and/or its subsidiaries or partners. Any reproduction or use of these trademarks, without express authorisation from LYONNAISE DES EAUX FRANCE and/or its subsidiaries or partners, is forbidden and the User’s liability will be invoked according to articles L713-2 AND L713-3 of the French Intellectual Property Code.
12 • RESPONSIBILITIES:
The User declares that s/he is aware of and accepts the characteristics and limits of the Internet and confirms that s/he is familiar with the internet and its technical aspects, and the s/he has the skills and resources required to access the Website.
LYONNAISE DES EAUX FRANCE and/or its subsidiaries and partners shall not be held liable for any damage whatsoever, direct or indirect, and in particular any commercial, moral or financial prejudice, including the loss of profit caused or initiated by the use of the Website or its Content, after connection to the Website, or in the event of modification, suspension, interruption or cancellation of all or part of the Website.
LYONNAISE DES EAUX FRANCE and/or its subsidiaries and partners shall not, under any circumstances, be held liable for the reliability of data transmission, access time, any restrictions on access to the internet or networks connected to it.
The liability of LYONNAISE DES EAUX FRANCE shall not be invoked in the event of interruption of network access to the Website, of full or partial unavailability of the Website, in the event of a transmission error or problems related to transmission security, in the event of failure of the User’s equipment or reception method.
LYONNAISE DES EAUX FRANCE may be required to suspend access to the Website for maintenance purposes. This suspension shall not in any way invoke the liability of LYONNAISE DES EAUX FRANCE and shall not give rise to any penalty.
13 • APPLICABLE LAW:
These General Terms and Conditions of use are subject to French law.